Who bears the lawyer's fees and court costs in this case, and is it permissible to claim compensation for damages?
The original ruling is that court expenses are to be covered by the public treasury (Bayt al-Mal). If it is not possible to obtain them from there, then they are borne by the claimant, unless the adversary is stubborn and his injustice becomes clear, in which case the expenses are borne by the defendant. As for legal fees, the original ruling is that whoever retains a lawyer bears their cost, unless it becomes evident that there was a deliberate aggressor, in which case that aggressor pays all the costs incurred by the one seeking to reclaim their right from him.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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